"The police department is going to cite and prosecute to the fullest extent of the law," said Caldwell.

Radeck says the company's attorneys assured him that it is legal to fly in Hawaii. He says the company already has clients on Oahu that want to advertise and their banners are ready to fly. But, the company is still waiting for an all clear -- a call that the city isn't giving in to.

The company has argued that its Federal Aviation Administration certificate of waiver preempts the Honolulu ordinance and allows it to fly aerial banners over Oahu.

However, the FAA says the waiver does not supercede state or city law. FAA officials say the waiver is authorization for banner towing operations nationwide and if it conflicts with local laws, it is the operator's responsibility to resolve the matter.

Sen. Brian Schatz also reached out to the FAA and received a response that Honolulu's ordinance prohibiting aerial advertising remains valid.

Caldwell has asked the public to call 911 if they see the aerial banner.

Radeck says, "If our attorneys say we're good to fly, I will fly."

Radeck says the company has only one plane in Hawaii and doesn't plan on bringing any more to the islands. None of the banners flown so far have been advertisements because none of those were paid for.

Radeck is scheduled for two court appearances in August.

The Outdoor Circle is applauding the city for enforcing the ordinance prohibiting aerial advertising over Oahu.

in the cockpit when it comes to flying aerial banners in Hawaii. He says he's just doing his job... But these days he feels like public enemy number one. 3058 "I WAS LAWFULLY FLYING THE AIRPLANE, I WAS ARRESTED, I'M FLABERGASTED." Radeck works for Aerial Banners North ... An airplane banner company that he says is now flying in all 50 states. The pilot was arrested at Dillingham Airfield today after flying this sign around. It's his second run in with HPD -- the first -- on the 4th of July. He says the company isn't breaking any laws... And couldn't believe it when he was taken to jail. 2620 - 2629 "I REALLY THINK THIS WHOLE THING HAS BEEN, I DON'T KNOW IF I SHOULD SAY BLOWN OUT OF PROPORTION BUT TO BE ARRESTED FOR FLYING AN AIRPLANE IS NOT THE RIGHT THING TO DO." But the city says otherwise. Local law doesn't allow airplane banner advertising... kirk Caldwell mayor 3:00-3:05 "THE POLICE DEPARTMENT IS GOING TO CITE AND PROSECUTE TO THE FULLEST EXTENT OF THE LAW" Radeck says the company's attorneys assured him that it is legal to fly in Hawaii. He says the company already has clients on Oahu that want to advertise -- and their banners are ready to fly... But the company is still waiting for an all clear -- a call that the city isn't giving in to. bob Benyo 11.09 I THINK IT'S A COMMUNIST ACT, HAWAII IS ACTING LIKE A COMMUNIST STATE YOU GUYS SHOULD BE APPALLED AT THE MAYOR FOR ACTING LIKE THIS. 11.16 In the meantime -- the looming question is... Will this pilot be back in the air anytime soon? 2725 "IF OUR ATTORNEYS SAY WE'RE GOOD TO FLY, I WILL FLY." Matthew Radeck also told us that the company currently has just one plane in Hawaii and doesn't plan on bringing any more to the islands. He says none of the banners the company's flown so far have been advertisements because none of those were paid for. Radeck posted 100-dollars bail today and is scheduled for two court appearances -- both coming up next month.

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